Can an insurance company collect a summary judgement for an embezzlement claim when the insured was paid restitution through a criminal case?

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Can an insurance company collect a summary judgement for an embezzlement claim when the insured was paid restitution through a criminal case?

Asked on October 13, 2010 under Insurance Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, I would think not.  That means that the insured put in an insurance claim and collected twice: once from the insurance company and once from you through the court. Now the insurance company is "subrogating" the claim and suing you.  This is commonly known as insurance fraud.  Did they sue you or is this a Motion for Summary Judgement in Lieu of a Complaint or something like that (procedure differs from state to state as do the names of the motions)?  Then you need to do an Affidavit in Opposition to the Motion.  Get a copy of the criminal disposition which indicates that you were to pay restitutuion and copies of your payments made.  Attach them to the affidavit and submit it to court.  Go to Court on the day of the motion with a copy of your affidavit and the documentation. Brong with you the name of someone in whatever department it was that can verify that you made the payments (put that name and number in the affidavit too).  In the last paragraph of your affidavit ask the court to deem the debt paid and dismiss the action, with prejudice, as against the plaintiff.  When you get to court explain it to the Judge.   Good luck.


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